Sec. 3. Amendments to the Lead-Based Paint Poisoning Prevention Act

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Section 302(a) of the Lead-Based Paint Poisoning Prevention Act ( 42 U.S.C. 4822(a) ) is amended— by redesignating paragraph

(4)as paragraph (5); and by inserting after paragraph

(3)the following: In this subparagraph, the term covered housing — means housing receiving Federal financial assistance described in paragraph

(1)that— was constructed prior to 1978; and is public housing (as such term is defined in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) )); receives project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ); receives assistance under the Housing Opportunities for Persons With AIDS under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12901 et seq. ); or receives assistance under the Supportive Housing for Persons With Disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); and does not include— single-family housing covered by an application for mortgage insurance under the National Housing Act ( 12 U.S.C. 1701 et seq. ); or multi-family housing that— is covered by an application for mortgage insurance under the National Housing Act ( 12 U.S.C. 1701 et seq. ); and does not receive any other Federal financial assistance. Not later than 180 days after the date of enactment of the Lead-Safe Housing for Kids Act of 2022 , the Secretary shall promulgate regulations that— require the owner of covered housing in which a family with a child of less than 6 years of age will reside or is expected to reside to conduct an initial risk assessment for lead-based paint hazards— in the case of covered housing receiving public housing assistance under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ) or project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), not later than 15 days after the date on which a physical condition inspection occurs; and in the case of covered housing not described in item (aa), not later than a date established by the Secretary; provide that a visual assessment alone is not sufficient for purposes of complying with subclause (I); require that, subject to subclause (III), if lead-based paint hazards are identified by an initial risk assessment conducted under subclause (I), the public housing agency, grantee, or the owner of the covered housing shall— not later than 30 days after the date on which the initial risk assessment is conducted, control the lead-based paint hazards, including achieving clearance in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act ( 15 U.S.C. 2682 , 2684), as applicable, or with regulations promulgated under this section, as applicable; and provide notice to all residents in the covered housing, and provide notice in the common areas of the covered housing, that lead-based paint hazards were identified and will be controlled within the 30-day period described in item

(aa)which notice shall be provided in accessible and alternative formats consistent with the requirements under section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and title VI of the Civil Rights Act of 1964; provide that, to the extent that the requirements under items

(aa)and

(bb)of subclause

(III)result in additional costs, such items shall be effective and apply only to the extent that amounts to cover such additional costs are provided in advance in appropriation Acts; and provide that there shall be no extension of the 30-day period described in subclause (III)(aa). The regulations promulgated under clause

(ii)shall provide an exception to the requirement under subclause

(I)of such clause for covered housing— if the public housing agency, grantee, or the owner of the covered housing submits to the Secretary documentation— that the public housing agency, grantee, or owner conducted a risk assessment of the covered housing for lead-based paint hazards during the 12-month period, or a reevaluation of the covered housing, including after any lead-based paint hazards have been controlled, during the 24-month period preceding the date on which the family is expected to reside in the covered housing; for purposes of this item, the term reevaluation means an activity performed by a risk assessor certified under sections 402 or 404 of the Toxic Substances Control Act ( 15 U.S.C. 2682 , 2684), as applicable, subsequent to an initial risk assessment and to completion of any resulting lead-based paint hazard control measures, including a visual assessment of painted surfaces for deterioration and limited dust and soil sampling, where lead-based paint is still present; and that clearance of lead-based paint hazard control work resulting from the risk assessment described in item

(aa)has been achieved in accordance with clause

(II)or with regulations promulgated under this section, as applicable; from which all lead-based paint hazards have been identified and removed and clearance has been achieved in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act ( 15 U.S.C. 2682 , 2684), as applicable, or with regulations promulgated under this section, as applicable; if the dwelling unit is unoccupied; if the public housing agency, grantee, or the owner of the covered housing, without any further delay in occupancy or increase in rent, provides the family with another comparable dwelling unit in the covered housing that has no lead-based paint hazards; and if the common areas servicing the new dwelling unit have no lead-based paint hazards; and if the covered housing is in compliance with the schedule for risk assessment under the program under which assistance is provided for the housing and such schedule provides that the period of time between the most recent assessment and the next assessment will not exceed 24 months. Not later than 180 days after the date of enactment of the Lead-Safe Housing for Kids Act of 2022 , the Secretary shall promulgate regulations to provide that a family with a child of less than 6 years of age that occupies a dwelling unit in covered housing in which lead-based paint hazards were identified, but not controlled in accordance with regulations required under clause (ii), may relocate on an emergency basis and without placement on any waiting list, penalty (including rent payments to be made for that dwelling unit), or lapse in assistance to another dwelling unit in covered housing that has no lead-based paint hazards. Relocation shall be performed consistent with the standards set forth under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and any other applicable Federal civil rights, fair housing, and nondiscrimination laws. .

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Sec. 3

Amendments to the Lead-Based Paint Poisoning Prevention Act

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